By Jehoshaphat Kanyoro Njaro
The controversial ICT Bill, previously rejected by former President Uhuru Kenyatta, has resurfaced, aiming to impose stricter regulations on ICT practitioners in Kenya.
Initially introduced in 2016 by then Garissa Township MP Aden Duale, who is now the Defence Cabinet Secretary, and supported by nominated MP Godfrey Osotsi, now the Vihiga Senator, the bill has faced significant opposition from the ICT community over the years.
The bill mandates that ICT practitioners be licensed and registered by a council, requiring mandatory training, registrations, and licensing. It also sets standards for practitioners, aiming to ensure high proficiency and security in ICT services.
Although it was withdrawn in 2016 and reintroduced in 2018 and 2020, it was ultimately rejected in 2022, sparking outrage among ICT professionals who argued that the law would prevent some individuals from practicing in the field.
In its latest iteration, the bill still seeks to require companies offering ICT services to be accredited by an authority under the ICT ministry, meeting various stringent requirements.
These companies will also need to pay an unspecified fee for accreditation, a point of contention that remains unchanged since 2022.”An applicant shall be a holder of the minimum technical qualification and skills prescribed by the
Authority for the class of contract works in respect of which registration is sought, have the necessary experience prescribed by the Authority in works involving the category of service applied and have the necessary ICT resources for the category of works for which the accreditation is sought,” the bill states.
The authority also holds the power to revoke a provider’s certificate if the business ceases operations, is liquidated, or requests revocation.
Additionally, certificates may be suspended if an ICT service provider contravenes any conditions of accreditation, conducts business detrimentally to public interest, fails to comply with written directions from the authority, or does not adhere to the provisions of the act.
ICT Cabinet Secretary Eliud Owalo defended the bill, stating, “The Bill aims to facilitate the provision of secure, proficient, and high-performing ICT services.
It intends to simplify the incorporation of ICT in the process of public service delivery, thereby improving accessibility, efficiency, and inclusivity.
“Despite these assurances, the resurfaced bill has reignited debate within the ICT community. Many professionals fear the new regulations could create barriers to entry and limit innovation in the sector.
The bill’s requirement for accreditation fees and stringent compliance measures has been particularly contentious, as practitioners worry about the financial and operational burdens these could impose.
As the bill progresses through legislative scrutiny, stakeholders from various sectors are expected to voice their concerns and suggestions.
The outcome will significantly impact the future landscape of ICT practice in Kenya, determining whether the bill’s promise of enhanced service delivery and security outweighs the fears of regulatory overreach and restricted professional practice.